Supreme Court. Local Intelligence. Supreme Court. (Nelson Examiner and New Zealand Chronicle, 23 May 1863)

The Supreme Court convened on 20 May 1863 to address the case against the Reverend H. M. Turton, who faced charges of sodomy. During the proceedings, Justice Johnston informed the court that the Grand Jury had mistakenly endorsed the words "true bill" on the indictment for misdemeanour instead of felony, which was their intended finding. After confirming the error with the foreman, Mr. Antill, the Judge allowed the Grand Jury to amend their endorsement during the session. Turton pleaded not guilty to the charges. A jury composed of twelve members was selected, although multiple objections were raised against certain jurors. Mr. Henry Adams represented the prosecution, while Mr. William Adams, assisted by Mr. Kingdon, defended Turton. The chief evidence came from Isaac Nash, who had been in Turton’s service. He testified about an incident that occurred on the night of 15 October, where Turton allegedly called him to bring a bottle of beer and later invited him to bed. Nash claimed he thought "no harm" would come from this invitation, but later detailed the alleged crime. However, during cross-examination, Nash was inconsistent in his accounts, raising doubt about the credibility of his testimony. He mentioned being intimidated by Turton, who supposedly threatened him with financial repercussions. Dr. Cusack, a surgeon, testified that a crime such as the one alleged could not occur without the consent of both parties involved or if the victim was incapacitated, suggesting that Nash's statements were dubious. The Judge instructed the jury to carefully consider the evidence and the character of the witness before arriving at their decision. Witnesses for the defence provided alibis for Turton, with several confirming details about the night in question and dismissing claims made by Nash. The Judge underscored the need for the jury to separate the trial's evidence from any outside opinions and stressed the seriousness of the charge against Turton, which demanded careful deliberation. The case concluded with the Judge reinforcing the idea that conviction required the prosecution to meet the high standard of proof beyond a reasonable doubt. In related news, it was reported that Thomas Berry had been sentenced for the theft of axes, demonstrating ongoing criminal activity in the area, while improvements to the coastal steamer Lyttelton were highlighted, showcasing efforts to enhance transportation services. Furthermore, reverend Turton had submitted his resignation after the trial, with his Bishop indicating the need for thorough examination of ongoing rumours about his conduct before making a final decision regarding his status.

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